The purpose of this article is to give Veterans tips on how to file a VA claim for VA benefits. It is very easy to file a VA disability claim online using eBenefits. However, the #1 reason why VA claims get denied is due to a lack of medical evidence. The #2 reason VA claims get denied is a Veteran us unable to show a clear "Nexus" to prove service connection.
If you need help with your VA disability claim, VA disability increase claim, secondary VA claims, service connection, you've been denied VA benefits, or you think you deserve a higher VA disability rating, please complete the free 3-step intake below.
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What evidence do I need to support my VA disability claim?
DD 214 (if already a veteran)
Marriage cert & birth certs of any dependents
Military, VA, and/or private medical records (digital copies)
Incident reports and in-service stressors
VA Form 21-4138 Statement in Support of a Claim for EVERY disability you’re claiming
Buddy letters, on the VA Form 21-4138, if lay evidence is necessary
Disability Benefit Questionnaires (DBQs) for any high-value disabilities (e.g., PTSD, other mental health, Sleep Apnea)
Sworn Declarations if previously denied service-connection
You can help to support your VA disability claim by providing documents, such as:
VA medical records and hospital records that relate to your claimed illnesses or injuries
Private medical records and hospital reports that relate to your claimed illnesses or injuries
Supporting statements you’d like to provide from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell us more about your claimed condition and how and when it happened
How to File a VA Claim on eBenefits
Step #1: Open a Notice of Intent to File on eBenefits
Gives a Veteran 365 days to gather evidence and actually “submit” the claim to the Department of Veteran Affairs. It also sets the filing date for back pay.
Prepare your VA disability claim step-by-step inside eBenefits. Be sure to add each disability condition you’re claiming inside eBenefits. You can also file for increases on current service-connected disabilities rated 0% or higher, and add secondary claims to existing service-connected conditions.
Do NOT submit a standard claim as it will take way longer. Rather, submit an electronic Fully Developed Claim (FDC) including completed Disability Benefit Questionnaires (DBQs), medical nexus letters, and Statements in Support of a Claim for each disability condition on the VA Form 21-4138.
Make sure the VA has your current contact information (address, phone, and email information) as they will need to schedule you for Compensation and Pension (C&P) exams after claim submission.
Step #2: The VA Schedules C&P Exams
A Veteran Service Representative (VSR) at the VA will review your disability claim for accuracy and completeness, and may schedule one or more exams, which are known as C&P exams, as part of the Gathering of Evidence Phase.
VA or a VA partner may send a letter or call you to schedule your exam(s). As of 2018-2019, you will likely get a C&P exam scheduled through a contracted company, such as LHI, QTC, or VES.
Not everyone will be requested to attend a VA exam; however, in most cases, a Veteran can expect a C&P exam for each disability claimed.
C&P exam report will be added to your C-File. Upon completion of your exam, the examiner reviews your medical records and makes an exam report. The report is submitted to a VA claims processor to be added to your electronic claim file. To get a copy of your C&P exam results, you’ll have to request a copy of your VA claims file, also known as your C-File.
Step #3: A VA Rater Makes a Decision on Your Claim
A VA Rater will review your claim application, medical records, supporting documents, personal statements, buddy letters, and C&P exam results to make a decision on your VA disability claim.
VA Claim Process – Frequently Asked Questions
Can I get disability compensation from VA?
You may be able to get disability compensation if you have a current illness or injury (known as a condition) that affects your body or mind and you meet at least one of the requirements listed below.
To be eligible for VA disability compensation, a Veteran must prove both:
Served on active duty, active duty for training, or inactive duty training, and
Have a disability rating for your service-connected condition
And at least one of these three must be true:
Got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service VA disability claim), or
Had an illness or injury before you joined the military—and serving made it worse (called a pre-service VA disability claim), or
Have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service VA disability claim)
What is a presumed disability?
If you have a disability that’s been diagnosed by a doctor and that we consider to be related to your military service because of a specific aspect of that service, you may be able to get disability benefits based on this presumed disability. This usually applies to:
· A chronic (long-lasting) illness that appears within 1 year after discharge, or
· An illness caused by contact with contaminants (toxic chemicals) or other hazardous materials, or
· An illness caused by your time spent as a POW
Who’s covered?
Veterans
Qualified dependents
What should I do if I received an other than honorable, bad conduct, or dishonorable discharge?
If you’ve received one of these discharge statuses, you may not be eligible for VA benefits. You’ll have to fight to get your characterization changed.
How long does it take VA to make a decision?
The VA is processing VA disability claims much faster! As of October 2018, 98.8 days was the average number of days to complete a VA disability claim.
The amount of time it takes to review your claim depends on:
The type of claim you filed
How many injuries or disabilities you claimed and how complex they are
How long it takes us to collect the evidence needed to decide your claim
What should I do while I wait?
You don’t need to do anything unless the VA sends you a letter asking for more information. If the VA schedules any C&P exams for you, be sure not to miss them. You can check the status of your claim online. The time frame you see there may vary based on how complex your claim is.